随着经济的高速发展,土地资源的日益匮乏,农村集体土地非法交易的现象愈演愈烈,部分农村非法出让土地、村民法转让土地尤为突出。近几年,诉讼至法院的这类集体土地使用权非法交易纠纷愈来愈多,这类案件具有涉及面广、人数众多、政策性强的特点,且往往涉及违法用地和非法建筑的处理问题,而由于现行有关集体土地的立法、司法解释的缺失,导致这类案件的审判及行政处理难度很大。因此,如何正确适用法律,妥善处理此类纠纷,需要认真探讨。 With the rapid economic development and the scarcity of land resources, the illegal trade in rural collective land is becoming more and more illegal. Some of the rural areas illegally sell their land and the transfer of land by villager law is particularly prominent. In recent years, there are more and more disputes over illegal transactions of such collective land use rights from litigation to courts. Such cases have the characteristics of wide coverage, large population and strong policies, and often involve the handling of illegal land use and illegal construction However, due to the existing legislation on collective land, the lack of judicial interpretation has led to the difficulty in trial and administration of such cases. Therefore, how to correctly apply the law and properly handle such disputes needs to be seriously explored.